BHUBANESWAR DEVELOPMENT AUTHORITY (PLANNING & BUILDING ...

1 BHUBANESWAR DEVELOPMENT AUTHORITY ( planning & BUILDING STANDARDS) REGULATIONS - 2008 1 The Orissa Gazette EXTRAORDINARY PUBLISHED BY BHUBANESWAR DEVELOPMENT AUTHORITY No. 2309,CUTTACK,THURSDAY,DECEMBER 18, 2008/MARGASIRA 27,1930 NOTIFICATION No. 11199/BP/BDA, the BHUBANESWAR , Dated 15 th December ,2008 Whereas the draft of the BHUBANESWAR DEVELOPMENT AUTHORITY ( planning and BUILDING Standards) Regulations, 2008 was published as required by sub-section (2) of Section 125 of the Orissa DEVELOPMENT Authorities Act ,1982(Orissa Act 14 of 1982) in the extraordinary issue of the Orissa Gazette, dated the 7th April 2008 under the notification of the BHUBANESWAR DEVELOPMENT AUTHORITY , BHUBANESWAR , dated the 27th March,2008 as , inviting objections and suggestions from all persons likely to be affected thereby till the expiry of the period of fifteen days from the date of publication of the said notification in the Orissa Gazette; And whereas objections and suggestions received in respect of the said draft have duly been considered by the BHUBANESWAR DEVELOPMENT AUTHORITY before the expiry of the period so specified.

2 Now, therefore, in exercise of the powers conferred by section 124 of the said Act, the BHUBANESWAR DEVELOPMENT AUTHORITY , with the pervious approval of the State Government makes the following regulations namely the BHUBANESWAR DEVELOPMENT AUTHORITY ( planning and BUILDING Standards) Regulations 2008. 2 PART I DEFINITIONS 1. (1) These regulations may be called the BHUBANESWAR DEVELOPMENT AUTHORITY ( planning and BUILDING Standards) Regulations, 2008. (2) They shall extend to the whole area within the jurisdiction of the BHUBANESWAR DEVELOPMENT AUTHORITY . (3) They shall come into force on the date of their publication in the Orissa Gazette. 2. (I) In these regulations, unless the context otherwise requires: (1) Act means the Orissa DEVELOPMENT Authorities Act, 1982.

3 (Act 14 of 1982) (2) Advertising Sign means any surface or structure with characters, letters or illustrations applied there to and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any BUILDING , or is fixed to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the jurisdiction of the AUTHORITY . (3) Agricultural use means use of land for the purpose of agriculture, horticulture, sericulture, animal husbandry, poultry farming, plant nursery, piggery, dairy farming, vegetable farming and any activity related to agriculture or milk chilling plant; (4) Air-Conditioning means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space; (5) Air Port Reference Point means a designated point which is established in the horizontal plane at or near the geometric center of the landing area.

4 (6) Amenity means roads, street, open spaces, parks, recreational grounds, play grounds, gardens, water supply, electric supply, street lighting, sewerage, drainage, public works and other utilities, services and conveniences. (7) Annexure means an Annexure appended to these regulation s (8) Apartment or flat means a dwelling unit in BUILDING . Short title, Extent and commencement Definitions 3 (9) Apartment BUILDING means a BUILDING having six or more dwelling units. (10) Approved means approved by the AUTHORITY . (11) Addition/ Alteration means structural change, such as addition to the covered area or height or the removal of part of a BUILDING or construction or cutting into or removal of any wall, partition, column, beam, joist, floor or other support, or a change to the fixture of equipment of the BUILDING .

5 (12) Applicant means the person who has title to a land or BUILDING and includes, A. an agent or trustee who receives rent on behalf of the owner; B. an agent or trustee who receives rent or is entrusted with or is concerned with any BUILDING devoted to religious or charitable purpose. C. a receiver, executor or administrator or a manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of the owner; and D. a mortgagee in possession. (13) Art Commission means the Commission constituted under sub-section (1) of section 88; of the ODA Act, 1982. (14) AUTHORITY means the BHUBANESWAR DEVELOPMENT AUTHORITY and does not include its employees acting individually.

6 The powers and responsibilities of the AUTHORITY under this regulation can not be delegated, unless specifically provided for in this regulation, the Act, the rules or unless notified by the Government; (15) Balcony means a projection to serve as passage or sit out place including a hand rail or balustrade. (16) Barsati means a habitable room, not exceeding 30% of the covered area on the top floor of the BUILDING with toilet & kitchen unit built contiguously. (17) Basement or cellar means lower storey of a BUILDING ,below or partly below the ground level; (18) Basti Area means an area declared as such under a DEVELOPMENT Plan and in the absence of such declaration, any area comprising old settlements covering such extent of lands as may be determined by the AUTHORITY in consultation with the concerned Local Body; 4(19) Basti Plot means a plot having a width ranging between m.

7 And m., the depth being more than three times the width, and located in a basti area; (20) Builder means an applicant, land owner, contractor, holder of power of attorney of the land owner, partnership, trust or company which has responsibility for construction, leasing, selling or disposing otherwise of a BUILDING for residential and other purposes and duly registered by the AUTHORITY . NOTE: The BHUBANESWAR DEVELOPMENT AUTHORITY happens to be the builder for its own construction. (21) BUILDING means any structure or erection or part of a structure or erection which is intended to be used for residential, commercial, industrial or any other purpose whether in actual use or not, and in particular.

8 A. Assembly BUILDING refers to a BUILDING or part of a BUILDING where group of people congregate or gather for amusement, recreation, social, religious, patriotic and similar purposes and includes theaters, assembly halls, auditoria, exhibition halls, museum, skating rinks, gymnasium, dance hall, club rooms recreation piers and stadia. B. Commercial BUILDING refers to a BUILDING or part of a BUILDING , which is used for transaction of business, keeping of accounts and records or for similar purposes and includes Banks and Commercial Offices and Corporate offices. It shall include mercantile buildings like shops, stores, market display and sale of merchandise either in wholesale or retail, or offices, storage or services facilities incidental to the sale of merchandise and includes Cinema Halls, Petrol Pumps, Hotels, Restaurants, Clinics, Pathology Labs, Nursing Homes, Lodge-cum-guest houses & Dharma Kantas, etc.

9 C. Educational BUILDING refers to a BUILDING used for school, college or daycare purpose for more than 8 hours per week involving assembly, instructions, education or recreation. D. Form means a Form appended to these regulation. E. Hazardous BUILDING refers to a BUILDING or part of a BUILDING which is used for the storage, handling, manufacture or processing of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes, or the storage, handling, manufacturing or processing of which involves highly corrosive, toxic, obnoxious alkalis, acids or other liquids, gases or chemicals, producing flame, fumes and explosion, poisonous irritant or corrosive gasses and for the storage.

10 Handling or 5processing of any material producing explosive mixture of dust or which result in the division of matter into fine particles subject to spontaneous ignition. This shall include petrol filling stations. F. Industrial BuilBding refers to a BUILDING or part of a BUILDING in which products or materials of all kind and properties are fabricated, assembled or processed such as assembly plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies or factories. G. Institutional BUILDING refers to a BUILDING or part of a BUILDING which is used for purposes such as Research and Training Centre, Public/Semi Public offices, Hospitals, Dispensaries and Health Centers.